Gonzalez

Victor Gonzalez appeals an order denying a petition for a writ of mandate directing California’s Department of Corrections and Rehabilitation (the Department) to file an application for retirement disability benefits on his behalf after he became disabled for his functions as a correctional officer as a result of an on-the-job injury. The trial court held that the Department had no such obligation, but could instead medically demote Gonzalez to an available position for which he was qualified and not disabled, even though it was an entry-level clerical position which paid much less than Gonzalez’s position as a correctional officer. The court held that the Department had reasonably determined that it could not accommodate Gonzalez’s disability in hi's position as a correctional officer.

The issue addressed in this appeal is a perceived conflict between sections 19253.5 and 21153 of the Government Code. 1 However, as we will explain, there is no conflict between the two. Consequently, we will affirm the judgment.

PROCEDURAL HISTORY

Gonzalez filed his petition for writ of mandate on November 10, 2008. After briefing and oral argument, the trial court took the matter…